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The Employer Handbook Blog

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Here’s an update on the OSHA vax-or-test mandate following today’s Supreme Court oral argument

As a younger lawyer, I once told a client — right before an age discrimination trial — that winning the case would be like sinking a two-foot putt. I nearly choked on those words when, during deliberations, the jury asked the judge how unemployment compensation should factor into an award…

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It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”

A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not…

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The CDC updated its COVID-19 isolation guidance (again!) to include testing. Sort of.

In an unintentionally-pervy post a few days ago, I told you that the CDC was considering amending its COVID-19 isolation guidance for asymptomatic individuals (and those with resolving symptoms) to include testing. That change did follow. Except, here’s the thing. You can test if you want to. Or you can…

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Here’s how the feds will try to convince the Supreme Court not to stay OSHA’s COVID-19 vax-or-test mandate

After yesterday’s blog posts, you must be somewhat perplexed. First, why did I publish a blog post yesterday with the same title but no actual body? Well, you see, I planned to blog yesterday about the upcoming oral argument on the OSHA COVID-19 vax-or-test mandate and set that post to…

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Dr. Fauci hints at more changes coming to the CDC’s quarantine/isolation rules

The Centers for Disease Control and Prevention (CDC) decision last week to shorten its recommended COVID-19 isolation and quarantine periods to five days for asymptomatic individuals (followed by masking for five more days) did not go over well with many folks. The CDC changed the rule because “science demonstrat[es] that the majority…

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These were the most popular employment law blog posts of 2021

If it had anything to do with COVID-19 vaccination mandates, y’all were reading. That and the third-most-read post, which leaves me wondering whether I should be taking out a restraining order against some of you. Here are the most-read posts from 2021: 5. “And just like that, the CMS vaccine…

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This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?

Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful. Instead, it’s about doing what’s reasonable based on the information available at the time. I’ll explain. Here is a recent…

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Heads up, employers! The CDC shortened its recommended COVID-19 isolation and quarantine periods.

Here’s some big news for workplaces. (Looks like I’ll be a busy dude this week updating employer COVID-19 workplace policies and procedures.) Yesterday, the Centers for Disease Control and Prevention (CDC) announced that it is shortening the recommended time for isolation from ten days for people with COVID-19 to five…